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Spouse visa refused - where do I stand?

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AdeV
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Posts: 11
Joined: Tue Oct 11, 2016 3:24 pm

Spouse visa refused - where do I stand?

Post by AdeV » Mon Jul 01, 2019 10:48 pm

Hi all,

Long story short, a couple of years ago I married the Chinese love of my life. She spent 2 years learning enough English for the IELTs exam, and passed in December last year. After a lot of messing about, we got all the paperwork in for the visa application, which was submitted in early April 2019.

I am a director of a small Ltd. Company, so we provided the most recent accounts for my company, which was the financial year ending in Jan 2018. Accounts for the year Feb '18 to Jan '19 aren't due until later this year, but my accountant persuaded me to file them early. The accounts were lodged with Companies House on June 12th 2019.

On June 15th 2019, UKVI refused the visa on the grounds that the accounts documents I sent "aren't the most recent". The decision letter arrived today (1st July). Everything else is OK.

I'm cursing making such an amateur error. Every bloody time I think "They can't be that stupid", they prove me wrong.

My main question is: If I put together another block of financial data, for the most recent accounts (i.e. bank statements corp & private, accounts, dividend voucher, P60, etcetera., will the appeal likely be successful? It's now over 6 months since her IELTs result, would she need to re-do that for an appeal? Can I send the documentation direct to UKVI from the UK, or does it have to come through China?

Any reassurance would be very gratefully received, if any can be given.... This is a terrible disappointment, as you can imagine.

Cheers!
Ade.

sharkeyb1
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Posts: 9
Joined: Mon Jun 10, 2019 10:11 am
United Kingdom

Re: Spouse visa refused - where do I stand?

Post by sharkeyb1 » Wed Jul 03, 2019 8:21 am

I'm not qualified to give advice, but your appeal will be heard by a judge, not the home office.

you'll need to submit papers that show you meet the financial criteria, if you're unable to give the most recent then try and give and explanation why with perhaps letters to back it up? an appeal takes approx. 6 months

AdeV
Newly Registered
Posts: 11
Joined: Tue Oct 11, 2016 3:24 pm

Re: Spouse visa refused - where do I stand?

Post by AdeV » Wed Jul 03, 2019 5:44 pm

Hi,

Thanks for your reply - yes, that's the plan: Appeal, but also attach the most recent FY documents for the company (I already provided up-to-date personal bank statements) as part of the appeal.

Copy bank statements have already been ordered, CT600 is being filed this week, etc.

What infuriates me is: They sat on my application for *exactly* 90 days (received 24/03/19, decided 15/06/19) and refused based on accounts presented on 12/06/19. I'd have thought, if this were anywhere other than the UK immigration department, they'd at least *ask* for the updated documents, instead of just refusing it (and, presumably, hoping that I'll just buzz off and not add to their statistics).

Cheers!
Ade.

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seagul
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Joined: Thu Nov 12, 2015 11:23 am
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United Kingdom

Re: Spouse visa refused - where do I stand?

Post by seagul » Wed Jul 03, 2019 6:31 pm

Appeal won't be succeeded because you got the missing documents now which hadn't got while applying. Re-applying will be more faster with missing documents but self employment/directorship requires extensive range of documents and even on re-applying they might ask/refuse again on different missing documents. If either of you individually or jointly have 6 months of at least £62500 cash savings then it will be much easier to meet the requirement.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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